The Difference Between Syaria And Common Law In Malaysia
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Malaysia has a very unique legislative framework consisting of mixed jurisdictions and mixed legal system namely the common law and the syariah. The common law principles were applied in the civil court in almost matter of jurisdiction. Islamic law in contrast is practiced in the syariah court and only pertaining to the family matters and law of inheritance. Briefly, common law is originated from England. It is a system based on precedent derived from judgements by judges. In contrast, syariah refers to the rules of law originating from al-Quran, as well as practices and explanations rendered by the prophet Muhammad sallallahu alayhi Wasilla, ijma’, qiyas and ijtihad of fuqaha’. Syariah governs many aspects of day-to-day life, including politics, economics, banking, business law, contract law and social issues. Due to the diversity of both legal systems, the issues arrises whether harmonization of the syaria and common law is feasible and acceptable or not. Well I think it is. Apart from that there were also the doctrine of separation of powers we had here in Malaysia to keep the country 's administration at the best state. So in this essay, I will be talking about the Common law and equity, syaria law and as well as the doctrine of the separation of powers.
First of all I am going to talk about the practice of common law in Malaysia which was introduced originally to the Straits Settlements through the Royal Charters of Justice. Then the application was extended to